These SMS / Messaging Terms (these “Messaging Terms”) are an agreement between you and BURNING BUSH SOFTWARE CORPORATION, a Delaware corporation (“Breezy,” “we,” “us,” or “our”). They apply to you if you receive text messages sent through Breezy. By opting in to receive text messages through the Breezy Sales Organization Announcements and Marketing program (the “Program”), you agree to these Messaging Terms and to our Privacy Policy.
PLEASE READ SECTION 9 CAREFULLY. IT REQUIRES YOU TO RESOLVE DISPUTES WITH US THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION, UNLESS YOU OPT OUT AS DESCRIBED IN SECTION 9.7.
1. Who These Terms Apply To
1.1 Message Recipients. Breezy is sales software that businesses (each, a “Sales Organization”) use to communicate with their own customers and prospects. These Messaging Terms are for you, the individual who receives text messages from a Sales Organization through Breezy.
1.2 Businesses Using Breezy. These Messaging Terms do not apply to Sales Organizations. A Sales Organization’s use of Breezy, including its obligations to obtain your consent and to honor your opt-out requests, is governed by our Terms of Service and Acceptable Use Policy.
1.3 Who Sends the Messages. The Sales Organization you opted in to decides which messages to send you and is responsible for their content and for its own products, services, and offers. Breezy provides the technology that delivers the messages. Messages may include announcements and marketing messages from the sales organization you opted in to, such as follow-ups, reminders, offers, and account or service updates.
2. Opting In
2.1 Consent. You may opt in to the Program through a web form, checkbox, keyword, or other method a Sales Organization provides. Regardless of how you opt in, these Messaging Terms apply to your participation in the Program. By opting in, you agree to receive recurring automated marketing and informational text messages (SMS and MMS), which may be sent using automated technology, from the Sales Organization you opted in to, at the mobile number you provided. Consent is not a condition of any purchase.
2.2 Eligibility. You represent that you are at least 18 years old and that you are the account holder of the mobile number you provided, or are authorized by the account holder to enroll it in the Program.
3. Message Frequency and Charges
Message frequency varies. Message and data rates may apply. You are responsible for all charges from your mobile carrier, including any charges for sending or receiving text messages. Check your mobile plan for details.
4. Opting Out
4.1 How to Opt Out. You may opt out at any time by replying STOP to any message. We also honor QUIT, END, CANCEL, UNSUBSCRIBE, REVOKE, and OPT OUT. You may also opt out by any other reasonable means, such as by emailing support@mybreezy.app with your mobile number and the name of the Sales Organization, or by asking the Sales Organization directly.
4.2 What Happens Next. After you reply STOP, you may receive one final message confirming your opt-out. You shall receive no further messages from that number unless you opt in again. If you email us, we shall record your opt-out in Breezy so that the Sales Organization’s messages to you stop. Opt-out requests made by other reasonable means shall be processed within 10 business days.
4.3 Multiple Senders. Opting out applies to messages from the number you replied to. If you receive messages from more than one Sales Organization, you may need to opt out of each one separately.
5. Help
Reply HELP to any message for help, or email support@mybreezy.app.
6. Changes to Your Mobile Number
If you change, deactivate, or transfer your mobile number, you shall reply STOP from that number beforehand or notify us at support@mybreezy.app, so that messages are not sent to the number’s next owner.
7. Privacy
We handle your information in accordance with our Privacy Policy. We may share your information with our service providers, including SMS delivery providers and mobile carriers, only as needed to operate the Program. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging opt-in data and consent will not be shared with any third parties.
8. Delivery and Disclaimers
8.1 Delivery. Message delivery is not guaranteed. Messages may be delayed or undelivered for reasons outside our control, including your mobile device, coverage, or carrier. Carriers are not liable for delayed or undelivered messages.
8.2 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, AND WE ARE NOT LIABLE FOR ANY DELAY OR FAILURE IN THE DELIVERY OF ANY MESSAGE OR FOR THE CONTENT OF MESSAGES SENT BY A SALES ORGANIZATION.
9. Dispute Resolution and Arbitration
9.1 Informal Resolution. Before starting an arbitration or court proceeding, you and we shall first try to resolve any dispute informally. The party raising the dispute shall send the other a written notice describing the dispute and the relief sought. You shall send your notice to legal@mybreezy.app. If the dispute is not resolved within 60 days after the notice is received, either party may begin a proceeding as described below.
9.2 Agreement to Arbitrate. Except as provided in Section 9.3, you and we agree that any dispute, claim, or controversy arising out of or relating to the Program or these Messaging Terms, including claims under the Telephone Consumer Protection Act and any dispute about the scope or enforceability of this agreement to arbitrate, shall be resolved by binding individual arbitration rather than in court.
9.3 Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies. Either party may seek injunctive relief in court to protect its intellectual property rights. Any claim for public injunctive relief shall be decided by a court after any arbitration of the remaining claims is complete.
9.4 Rules and Fees. The arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section 9. Payment of filing, administrative, and arbitrator fees shall be governed by those rules. The arbitration shall take place in the county where you live or by video conference, unless the parties agree otherwise. The arbitrator may award any individual relief that a court could award, and the award may be entered in any court of competent jurisdiction.
9.5 Class Action and Jury Trial Waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding.
9.6 Mass Arbitration. If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, the demands shall be administered in batches of up to 25, with one arbitrator assigned to each batch. Only one batch shall proceed at a time, and the AAA shall charge fees for each batch as a single proceeding to the extent its rules permit. The statute of limitations for each claim is tolled from the date its demand is filed until its batch is decided.
9.7 Right to Opt Out of Arbitration. You may opt out of this Section 9 by emailing legal@mybreezy.app within 30 days after you first opt in to the Program. Your email must include your name, the mobile number you enrolled, and a clear statement that you are opting out of arbitration. Opting out of arbitration does not affect any other part of these Messaging Terms.
9.8 Severability. If the class action waiver in Section 9.5 is found unenforceable as to any claim, that claim shall be severed and decided by a court, and all other claims shall remain in arbitration. If any other part of this Section 9 is found unenforceable, the remainder shall remain in effect.
10. General
10.1 Changes. We may modify these Messaging Terms by posting a revised version on this page and updating the “Last updated” date. Your continued participation in the Program after the revised version is posted constitutes acceptance of it. Changes to Section 9 shall not apply to any dispute of which we had notice before the change was posted.
10.2 Governing Law and Venue. These Messaging Terms are governed by the Federal Arbitration Act and, to the extent not preempted, the laws of the State of California, United States, without regard to its conflict-of-law rules. Any claim not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California.
10.3 Entire Agreement. These Messaging Terms and our Privacy Policy are the entire agreement between you and us regarding the Program. They do not affect any separate agreement between you and a Sales Organization. If any provision is found unenforceable, the remaining provisions remain in full force and effect.